TRANSFER OF PROPERTY ACT
PRELIMINARY
- Shanti Bai v. State of Bombay, AIR 1958 SC 532
If the owner of the tree intends to keep the tree alive, it is a tree; but if it is intended that the tree is to be cut to be used for timber purposes it is called standing timber (movable).
- Santosh Jaiswal v. State of M.P., AIR 1996 SC 207
Right of fishery is an immovable property.
- Jugal Kishore Saraf v. Raw Cotton Co. Ltd., AIR 1955 SC 376
Where a decree provides for a future decree, this future decree is not an actionable claim.
TRANSFER OF PROPERTY BY ACT OF PARTIES
- Jugal Kishore v. Raw Cotton Co. Ltd., AIR 1955 SC 376
Supreme Court held that the words ‘in present or in future’ in Section 5 of the Transfer of Property Act qualify the word ‘conveys’ and not the word ‘property’.
- Jugal Kishore v. Raw Cotton Co. Ltd., AIR 1955 SC 376
Transfer of any non-existent or future property operates only as a contract which may be performed in future and can be enforced as soon as the property comes into existence.
- Girijesh Dutta v. Data Din, AIR 1934 Oudh 35
Section 16 provides that in a transfer of property for the benefit of a person or of a class of persons if prior interests fail under Section 13 or 14, the subsequent interest (which is created in the same transaction) also fails.
If there are two successive creations of interests, the later creation of interest would be subject to validity of the former.
- Sopan v. Syed Nabi, (2019) 7 SCC 635
Supreme Court reiterated that a sale with a mere condition of retransfer is not a mortgage. If the sale and agreement to repurchase are embodied in separate documents then the transactions cannot be a mortgage by conditional sale irrespective of whether the documents are the contemporaneously executed.
- Tanu Ram Bora v. PromodCh.Das (D) through LRS and others, (2019) 4 SCC 173
Supreme Court held that if the title of the property is transferred by erroneous representation, then the principle of “feeding the grant by estoppel” under Section 43 of the Transfer of Property Act will apply if the transferor acquires the title later.
- Shanta Bai v. State of Bombay, AIR 1958 SC 532
Standing timber is different from a timber tree. Standing timber refers to tree in such a state that if cut it could be used as timber, while timber tree refers to tree drawing sustenance from the soil.
- Witly v. Mitchell (1890)4 Ch. D. 85
The rule against double possibilities was recognized. Under this rule it is permissible to confer life interest to an unborn person but it is not possible to confer life interest to issues of unborn person.
